Morning journal and courier., 1887-04-13
BoxCOTrERs SENTENCED.

BoycOttsng a Crime-Judge Sanford
 Tnflicts a Light Sentence, Hut Gives Warning That in Future BoyeOtters VIII be Severely PunIsbed-State Att torney Doolitt1e's Ringing Words The Rights of WOrktngmen in a Free country.
 The sentences in the boycott cases against
 the COURIER were imposed yesterday. Yes | terday morning was the time at which the
 counsel for Benjamin F. Glidden, Thomas F. | Mulcahy and David T. McNamara were given notice to appear in court with their ! clients. The time had been set for last week | but was postponed till yesterday. At 1C o'clock, when Attorneys Platt and Moran | appeared with their clients the gallery was l crowded and the court room filled with those l eager to hear what sentence the judge should 1 pronounce. Scores of lawyers and business men were present also. Glidden, MulcahJ 1 and McNamara, the three men to be sentenced l took seats beside the table in front of the | jury. McNamara sat in the middle. Several ladies we're present, who occupied chairs usually preserved for witnesses. At two minutes past ten o'clock Judge Sanford took l his seat on the bench, and State Attorney
 Doolittle and Attorney filling came in. The | judge ordered the clerk to open court and al | five minutes past ten MT. John w. filling l for the State, arose and commenced to state I the case to his honor. MT. filling talked in l a low tone, but to the point, and scores ot l interested ones, standing up, crowded around | the reporters table.
 Mr. filling explained how the boycott I was placed on the COURIER, with the expec-
 tation of compelling it to submit to the boy.
 cotters' demand. They were not successful | and therefore tried to cripple the business of l the COURIER by intimidating subscribers and advertisers and endeavoring to get them to ! withdraw their support from the paper. In | the City court where, besides McNamara, | Mulcahy and Glidden there was also Busche, | the four were fined, the defendants demur- Ter being overruled. In the Superior court, | where the case was tried before jury, Busche I was acquitted, the rest found guilty of con- spiraoy. MT. filings resume of the long trial was brief. He referred to the
 recent decision of the Supreme Court of Errors. In passing sentence, he thought the penalty should not be 80 light as to belittle the offense, while on the other pressive to the guilty ones. He said the moderation of the penalty was allowed be- cause it is the first case of this kind. He thought a fine of from $50 to $100 would be fair. MT. filling stated that he had talk with Judge Carpenter, who handed down the reasons from the Supreme court, and that gentleman thought there should be no
 imprisonment of the accused this time. MT.
 filling, after his resume of the trial and as to
 what he thought should be done, left the court room.
 Johnson T. Platt argued for the defense
 MT. Platt thought his brother attorney who
 had just spoken gave 8 rather colored state ,I,o&l loG olzi, the matter appear much larger than it was. MT. Platt then gave a resume of the case, reiterating the boycotters' claims and the various steps in the courts which the COURIER took to assert it's just rights which are well known to the public. The boycotters, he said, had intended no harm and Mr. Platt further pleaded for light sentence for the accused saying that they had done only what they thought was their legal right, and in- tended no harm. When this case was first started the accused did not believe they had done anything which would lawfully submit them to criminal conspiracy. Neither did some lawyers believe it. The fact that the accused were dependent upon what they earned day by day, and no capital to draw from, should be considered by the judge in passing sentence. If heavy fine is inflicted they will have to go to jail, for they won't have sufficient money to pay it, as they had been under such large expense in making de- fense to the long and able prosecution.
 State Attorney Doolittle was next to speak. He said the poor men as we'll as the rich have taken deep interest in the case. I consider this crime O most serious one against society. The jury have found the accused, and others unknown, guilty of un lawfully and Intentionally compelling the Darlington Publishing company, against it's will, to discharge its employees and in injur- ing and expressing said compositions. The fhair frianda claim fbatt ha i1rv which found this verdict says that the poor man shall not work. But the accused and others are the ones who are trying to keep the poor men from working. These men want to earn their bread this is a free coun- try. But say they shan't take another man by the throat and say he shan't earn his living. This is what they guilty of, I think. The man who goes home to his wife and children with nothing for them to eat because another man will not let him work, is oppressed by a man who commits a worse crime than a thief. What liberty is there to man who is not allowed to earn a living? This is not a small thing-it is matter of great consequence. I think that where one man takes the bread out of another mans mouth, his wife's and children's as well and refuses to let him earn any, it is a thing surpassed only when one man takes another's life. These facts have been proven and the jury have lOuAu UAO hCCupCO EuAlUJ. Ao AS AAOo nAAJ SOA sequence whether they hurt the corporation or not The business men have got some feeling and humanity, and they will not stand it to see the poor man and his employ CT oppressed. It does not seem possible for me to conceive that any man could think that these acts were not unlawful, yet my friend says there were some lawyers who did not think so. I don't think they thoroughly looked at it. MT. Doolittle asked for sentence that would not belittle the crime, not 8 heavy one, because it was the first case of the kind on record.
 After MT. Doolittle had finished MT. Platt arose and said he thought the States attor- ney had misrepresented him in some things he said, whereupon MT. Doelittle sharply told MT. Plstt that he had contradicted him. self in the same sentence.
 After the arguments had all been made Judge Sanford said he regretted very much that the other judge, who had heard the case, was not present. The whole matter was much more familiar to him. was not, my self, present at any time during the trial. l got my information from reading, and prin cipally from the opinion handed down by Judge Carpenter.
 The judge said that as there was such large crowd of business men, lawyers and others present who wanted to hear what dis position he would make of the case he would first read some of the opinions of Judge
 
 COURIER He laid forcible emphasis on the fact that he read the opinions so that here after it cannot be said that the law for such cases as these is not fully, clearly and ex- plicitly laid down. The Court of Errors has examined the evidence and has thought it sufficient to sustain the verdict from the courts below. The ofenses have been prov en, there were no errors and a new trial was denied. The offense by which these three men have been convicted is a misdemeanor Of the common law, punishable under the stat utes by imprisonment for not longer than five years or fine of $500. In fixing sen tence Judge Sanford said he did not want to do anything to make it seem vindictive or on the other hand to belittle the offense.
 The law is now clearly understood in this
 matter of when persons get together for the purpose of conspiracy against anybody, so that hereafter there could be no excuse for doing it. He warned them that if they or anybody else were brought before court on such a charge again the sentence would be g
 heavy one and that the offenders would in all probability be- imprisoned. Public justice demanded that he follow the practice of the lower court-that each man be fined $50 apd costs. It seemed to the judge that that pen alty was sufficient this time.
 The judge having finished talking, the three accused and their counsel went into the clerks room. The total amount, taking the fine and costs, amounted to $402, or $134 fol each of the three men to pay. The amount was paid and the boycott cases are at an end